ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 July 2019 DOCKET NUMBER: AR20170013109 APPLICANT REQUESTS: the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased husband, a former service member (FSM), be corrected to show the Bronze Star Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Hamilton County Health Department Certificate of Death for X___ * DD Form 214 effective 22 July 1969 and 17 January 1972 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states she is applying on behalf of her late husband. He has a Bronze Star Medal that is not properly reflected on his DD Form 214. She would like to have the award noted on his grave marker and the staff at the memorial site will not add it because it is not on his DD Form 214. 3. The applicant provides: * Certificate of Death from Hamilton County Health Department with a date of death identified as 21 September 2016 * DD Form 214 effective 22 July 1969 and 17 January 1972 4. The FSM's complete military records are not available to the Board for review. An exhaustive search was undertaken to locate his service records, which are necessary for the processing of his application but they could not be found. A review of the available records shows: a. The FSM was inducted into the Army of the United States on 21 November 1968. b. He served in Vietnam from 4 May 1969 to 16 January 1972 through 7 campaigns. He was assigned to Company A, 1st Battalion, 2d Infantry Regiment, 1st Infantry Division as an 11B (Light Weapons Infantryman). c. He was honorably discharged on 22 July 1969 for the purpose of immediate reenlistment. His DD Form 214 for this period of service shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Purple Heart d. He reenlisted on 23 July 1969. He was honorably released from active duty on 17 January 1972. His DD Form 214 for this period of service shows he completed 3 years, 1 month, and 27 day of total active service. It also shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Purple Heart * Republic of Vietnam Gallantry Cross Unit Citation with Palm * overseas service bars – four * Combat Infantryman Badge * Republic of Vietnam Campaign Medal * Expert Marksmanship Qualification Badge (M-16) with Rifle Bar * Expert Marksmanship Qualification Badge (M-14) with Rifle Bar 4. A review of his service record confirms he is eligible for awards that are not recorded on his DD Form 214. These awards will be added to his DD Form 214 as administrative corrections and will not be considered by the Board. The Board will consider award of the Bronze Star Medal. 5. By regulation, the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. The FSM’s record is absent evidence showing he was awarded the BSM, and the applicant did not provide any evidence to support her contention. Based upon the record, the Board agreed there is insufficient evidence to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. Prior to closing the case, the Board noted that administrative notes below by the analyst of record and recommended those changes be completed to more accurately depict the military service of the FSM. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ADMINISTRATIVE NOTE(S): A review of the applicant’s service records show he is authorized additional awards not annotated on his DD Form 214. As a result, amend his DD Form 214 to: * Delete the Vietnam Service Medal * Add the Vietnam Service Medal with one silver service star and 2 bronze service stars REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600-8-22 (Military Awards) states: a. A bronze service star is authorized to denote participation in each designated campaign. A silver service star is worn instead of five bronze service stars to denote participation in five credited campaigns. b. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170013109 3 1